Professional Negligence

Monmouth County Professional Negligence Attorneys

Representing victims of NJ professional negligence

When hiring a professional, we trust in their ability to provide the proper care we deserve. In some cases, these professionals fail to adhere to the standard of care set by other professionals in their field. Some of these professionals are Professional liability law includes negligence by any type of licensed professional, including doctors, registered nurses, lawyers, accountants, insurance brokers, pharmacists, engineers, architects, stock brokers, money managers, and others. When these professionals cause you harm, it is important to consider your legal options. For a consultation, contact Shebell & Shebell.

What is professional negligence?

Professional negligence, also known as malpractice, is a departure from a minimum standard or rule of care that is accepted in the professional field. In other words, when you compare the conduct of one professional’s conduct to a reasonable, competent professional in the same field, you must show that the professional accused fell below the acceptable standard.

Each profession may have different standard of conduct, guidelines, and rules. If you hired a professional and you believe that they failed to meet these standards, they may be responsible for your losses or injuries. Most often, an expert in the same field must review the conduct of the professional you believe acted negligently, and come to the conclusion, within probability, that the standards of conduct have been violated.

The experienced professional liability lawyers at Shebell & Shebell can help protect your rights and recover for losses or injuries which you have suffered.

Legal Negligence

Legal negligence is a complex area of law. Many people believe that when an attorney gets a bad result, acts unethically, or there is disagreement with the attorney over legal fees, the attorney has acted negligently. For one, the lawyer in question must have represented you. You cannot file a legal malpractice case against the opposing side’s counsel.

A malpractice claim requires proof that the lawyer’s representation fell below the minimum standards required by a lawyer in that field. That is, an attorney does not have to provide top service to you, only reasonable, adequate representation is required to avoid liability. Liability can occur when a lawyer fails to meet the standard.

The legal standard in a legal malpractice case also requires you to prove “the case within the case”.  In other words, you must prove that you would have won the underlying matter that forms the basis for your lawsuit and you did not win because the attorney fell below the standard of care. Basic errors of judgment, attorney-strategy decisions, and even mistakes made that were cured are not malpractice, even if they result in you losing your case. A claim of legal negligence is governed by a six-year limitations period.

Due to the complexity of these matters, we highly recommended that you contact our office to discuss your case as soon as you believe you are a victim of legal malpractice. The experienced trial attorneys at Shebell & Shebell can assist and guide you in protecting your rights and recovering just compensation for your legal malpractice losses.

Dental Negligence

Dental negligence is defined generally as a dentist or oral surgeon’s act of falling below the required standard of dental or oral surgical care, resulting in pain or lasting injury. Common types of dental negligence include:

  • Improper use of equipment
  • Failure to diagnose a condition
  • Wrongful extractions
  • Not considering relevant medical history before treatment
  • Medication errors

These errors can lead to immediate traumatic injury, nerve damage, permanent numbness of the tongue, misalignment, loss of taste, infections, disfigurement and even death. Victims of dental malpractice may suffer lost wages due to the intense pain they have suffered.

Accountant Negligence

As professionals, accountants are held to a certain standard and can be sued if they fail to provide services at those standards. There are two main types of accountant malpractice:

  • GAAP and GAAS: Accountants must follow certain rules set forth in the Generally Accepted Accounting Principles (GAAP) and the Generally Accepted Auditing Standards (GAAS). If an accountant fails to comply with these rules, he or she may be guilty of malpractice.
  • Securities: Accountants handling securities sales must follow all applicable laws, including the Racketeer Influenced and Corrupt Organizations Act (RICO) and The Securities Acts of 1933 and 1934. Accountants who fail to obey these laws may be guilty of malpractice.

Like other types of professional negligence cases, in order to prove your case you must establish that:

  • The accountant owed a duty to you
  • The accountant breached that duty, by failing to follow the GAAP or GAAS or applicable laws
  • You suffered serious harm (a significant loss in property or finances) as a result of the accountant’s negligence

Proving accounting negligence may be more difficult than establishing other types of professional liability because accountants tend to be particularly skilled in hiding unjustly acquired revenue. The experienced professional liability lawyers at Shebell & Shebell can investigate your case and give you the best advice on how to proceed.

New Jersey professional malpractice attorneys

If you have been injured or wronged by a professional, it is worth your time to discuss your matter with an attorney to assess if you are a victim of malpractice. Shebell & Shebell has decades of experience fighting for victims of professional malpractice. If you need an experienced law firm to look into your case, contact Shebell & Shebell.